Misapplication of the Employers Liability Exclusion in CGL Policies: Precluding Coverage for Non-Employer Insureds

Gregory Podolak and Nicole C. Bikakis recently provided Expert Commentary for the site:

The employers liability exclusion is standard in the Insurance Services Office, Inc. (ISO), commercial general liability (CGL) form and is intended to preclude coverage for bodily injury to an insured’s employee. Typically, state workers compensation statutes require employers to carry workers compensation insurance while shielding employers from tort liability for their employees’ injuries, rendering CGL coverage for such claims unnecessary. However, the analysis changes when the employers liability exclusion is used to deny coverage to insureds sued by other parties’ employees, a situation that, unfortunately, has arisen in a variety of cases, thereby undermining insureds’ expectations regarding the scope of their CGL coverage.

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Jul 02, 2015
Gregory D. Podolak

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